Jurnal Undang-undang dan Masyarakat

Reassessing the Legal Status of Gaza in Light of The ICJ’s Recent Palestine Advisory Opinion

Abdul Ghafur Hamid — Sun, 30 Nov 2025 00:00:00 +0000

Israel unilaterally declared in 2005 that they disengaged from Gaza and that the latter was no longer an occupied territory. Since then, the legal status of Gaza has become a contentious issue. The debate has resurfaced due to Israel’s onslaught in Gaza that started after 7 October 2023. The situation has become worse due to a very recent controversial proposal of President Trump to assume control over Gaza and the relocation of its Palestinian residents to neighboring countries, as well as the Israeli military’s plans for an extensive ground invasion to militarily occupy Gaza entirely. The paper is primarily doctrinal legal research, analyzing various interpretations of Article 42 of the Hague Regulations and the recent Palestine Advisory Opinion of the International Court of Justice on effective occupation. The paper finds that the Court rejects the requirement of boots on the ground and affirms the potential control approach, according to which Gaza is still an occupied territory. The Court also reaffirms the self-determination of Palestinians, including the people in Gaza. Despite whatever plans are in the minds of US and Israeli leaders regarding Gaza, Israel is legally bound to respect the right to self-determination of Palestinians and thus the two-state solution.

Legislating AI And IP In Malaysia: A Sustainable Governance Framework For Fair Remuneration

Mohd Syaufiq Abdul Latif, Nazura Abdul Manap — Sun, 30 Nov 2025 00:00:00 +0000

Artificial intelligence is changing industries and raising important questions about fair compensation for intellectual property owners when their work is used by AI systems. Existing research has focused on global AI regulations, particularly the European Union AI Act, but there has been little examination of how these frameworks compare to Malaysia’s National Guidelines on AI Governance and Ethics. This study hence explores the legal and governance challenges related to AI’s use of copyrighted works and patented inventions in Malaysia, where current laws struggle to address issues of authorship, inventorship, and fair remuneration. Analyzing these differences highlights gaps in transparency, enforcement, and accountability in Malaysia’s AI governance. This study uses a qualitative legal research approach, reviewing policy frameworks, legal cases, and comparative governance models to propose a sustainable legal framework for AI in Malaysia. The findings suggest that regulatory shortcomings must be addressed through clearer legal provisions, stronger enforcement mechanisms, and structured remuneration models to support AI-driven innovation while protecting the rights of IP owners. The study contributes to the discussion on AI governance by offering policy recommendations that balance technological progress with the protection of intellectual property in Malaysia’s growing digital economy.

Diplomatic Immunity and Justice Denied: Protecting Domestic Workers Under International Law

Muhammad Zuhaili Mat Rani, Mohd Shahril Nizam Md Radzi, Kamal Halili Hassan — Sun, 30 Nov 2025 00:00:00 +0000

Domestic work refers to labour performed in or for a household, often by individuals in vulnerable situations. This paper aims to examine how international law addresses the conflict between diplomatic immunity and the protection of domestic workers’ human and labour rights. The core issue lies in recurring reports of abuse by diplomats, where domestic workers are subjected to inhumane treatment but are denied justice due to the shield of diplomatic immunity. Despite the existence of credible evidence in many cases, legal proceedings are often obstructed, raising serious concerns about accountability and access to remedies for victims. This study adopts a legal doctrinal analysis, drawing on case law, international conventions, and scholarly literature. The findings reveal that while international law—particularly the Vienna Convention on Diplomatic Relations (1961) and the Convention on the Privileges and Immunities of the United Nations (1946)—provides extensive protections for diplomatic personnel, it frequently fails to safeguard the rights of domestic workers in cases of abuse. The research concludes that these legal frameworks require reform to prevent the misuse of diplomatic immunity. States and international bodies should consider amending these conventions to achieve a balanced approach between diplomatic privileges and accountability for human rights violations. Where diplomatic immunity persists, the sending state should take appropriate measures to ensure a fair trial or provide adequate compensation. Furthermore, adopting a narrower interpretation of “official functions,” as seen in certain U.S. court decisions, may help limit the abuse of immunity. This paper underscores the need to close legal gaps and enhance enforcement mechanisms to protect domestic workers from diplomatic impunity.

Legal Vulnerabilities in Non-Marital Relationships

Sun, 30 Nov 2025 00:00:00 +0000

Non-marital cohabitation is prohibited under Syariah law and receives no legal recognition under the civil legal framework in Malaysia. Despite this, such relationships continue to occur, particularly among younger individuals navigating socio-economic pressures and barriers to marriage. The illegality and lack of formal status leave those involved, especially women and children, highly vulnerable to exploitation, abandonment and loss of economic security. Domestic labour, caregiving and financial sacrifices made in reliance on the relationship are not enforceable as rights in law, resulting in significant disadvantages upon relationship breakdown. Children born from these unlawful relationships face further uncertainty in matters of lineage, inheritance and identity, leading to long-term social stigma and limited access to welfare support. Current judicial remedies through equitable doctrines remain inconsistent and inaccessible to many affected individuals. This paper argues that limited protective measures grounded in the principles of Maqasid al-Syariah and constitutional commitments to justice are necessary to prevent unjust deprivation. The aim is not to legitimise or normalise prohibited conduct, but to ensure that individuals are not denied essential protection from harm. A preventive and welfare-oriented approach can strengthen the justice system’s credibility by demonstrating that safeguarding human dignity is paramount, even when moral norms are breached.

Smart Contract from Coding to Execution

Sun, 30 Nov 2025 00:00:00 +0000

This paper explores the lifecycle of a smart contract, from the stages of coding and deployment to execution and verification, in order to show that a smart contract can indeed be self-executing, transparent, and immutable. While such functionalities introduce efficiency, trust, and reliability within industries such as financial, supply chain management, and health sectors, smart contracts at the same time have a host of technical and legal challenges arising. This paper identifies key issues: critical vulnerabilities in coding, deployment on immutable blockchains, address assignment complexities, triggering mechanisms, and aspects of privacy. This study has adopted a critical analytical approach to evaluate the technical and legal aspects of smart contract formation, complemented by inductive reasoning to derive general insights and recommendations from specific cases and patterns. The study states that the apt legal framework must be provided for liability, regulatory compliance, and solutions that would be unlooked-for. It further supports hybrid models that blend automation with human oversight, superior communication protocols regarding updating an address, and the use of technologies that allow transparency with the preservation of confidentiality in a balance. The concrete ideas it offers are attempts at technology design aligned with legal frameworks by bringing developers, regulators, and stakeholders together in implementing certain solutions. It emphasizes that continuous research will hence be important to assure reliability, security, and equitability in the adoption of smart contracts, expanding possibilities for their application in an increasingly changing digital environment.

Construction of Multiple Dispute Resolution Mechanism for Cross-border E-commerce in the Context of Globalization

Xiangbin Zuo, Nur Khalidah Dahlan, Haniff Ahamat — Sun, 30 Nov 2025 00:00:00 +0000

In the context of globalization and the rapid development of Internet technology, cross-border e-commerce has become an important part of contemporary international trade. However, this growth has not been without challenges, as cross-border transactions often give rise to complex e-commerce disputes that traditional dispute resolution mechanisms struggle to deal with. The study first provides an in-depth exploration of the various types and unique characteristics of cross-border e-commerce disputes, highlighting the shortcomings of traditional resolution methods. Then, the focus of this study turns to the construction of a diversified dispute resolution mechanism specifically targeted at the cross-border e-commerce environment. This mechanism covers a range of online resolution paths, including negotiation, mediation and arbitration, all adapted for the online realm. This study analyzes the effectiveness of these online resolution paths. The results show that they have significant advantages in improving dispute resolution efficiency and reducing overall costs. Although the online resolution path provides an effective and convenient means to handle cross-border e-commerce disputes, it needs to be continuously improved and adjusted to adapt to the continuous development of cross-border e-commerce in the context of globalization.

A Comparative Study on the Legal Framework Governing Juvenile Offenders in Malaysia and India

VIVIANA VENNY LAMANDAU, MOHD ZAMRE MOHD ZAHIR — Sun, 30 Nov 2025 00:00:00 +0000

Malaysia’s juvenile justice system has experienced substantial alteration, notably after the introduction of the Child Act 2001, which replaced the Juvenile Courts Act 1947 (Act 611) and brought it in line with the Convention on the Rights of the Child. Despite this legal move, fundamental flaws persist in the system's actual operation. The main difficulty is the uncertain prioritising of rehabilitation above vengeance, notably in section 91 of the Act, which lacks explicit guidelines to orient the Court for Children towards rehabilitative justice. Furthermore, juvenile criminals are still sentenced to adult criminal proceedings, and diversionary alternatives are underutilised, as demonstrated in Public Prosecutor v Chong Waijun [2025] MLJU 514. The purpose of this study is to determine how well Malaysia's juvenile justice system meets its rehabilitative promises while also adhering to international legal norms. The study uses a doctrinal and qualitative legal research approach to conduct a comparative analysis of India's Juvenile Justice (Care and Protection of Children) Act 2015.The findings show that Malaysia's system falls short of establishing child-centered justice and consistently using international instruments like the Beijing Rules. The research proposes broad legislative change, clearer judicial standards, and increased use of diversionary procedures. It finds that significant reforms are required to guarantee a rights-based, rehabilitative approach to juvenile justice in Malaysia.

The Rights of Juveniles During Trial in Iraq

Ihab Natiq Khalid, Muhamad Sayuti Hassan, Muhammad Helmi Md Said — Sun, 30 Nov 2025 00:00:00 +0000

The administration of justice in any legal system is based on implementing appropriate punishment. There is a tendency towards deviating from applying the rules of normal criminal procedures in treating juvenile offenders. The law requires that in dealing with a child, “the best interest of the child” should be considered, including appropriate social procedures from arrest until the determination of the case. The procedure is in line with the Islamic perspective on the rights and protection of children from birth to when they reach majority. The juvenile is subject to two procedures; one applicable to adults within the fundamental rights requirements and the second, applicable to juveniles requiring confidentiality in the trial process, which is guaranteed in both conventional and Islamic laws. Recent developments in Iraqi juvenile justice, such as the STRIVE Juvenile and the 2024 Proposal (recently enacted into law), to reduce the marriage age have profound implications for juvenile detainees and juvenile justice. In Iraq for instance, both the Criminal Procedure Code and the Juvenile Welfare Law make provisions in the best interest of the child in the trial proceedings. However, the Iraqi courts make exceptions in cases relating to juvenile recruitment into terrorism. This research examines the enforcement of guarantees in juvenile trials in cases of juveniles recruited into terrorism under the current development in Iraq and from the Islamic perspective. The methodology adopted is the doctrinal legal analysis with a case study approach to determine the court's adherence to the guarantees stipulated in the law in juvenile trials. This research found that the STRIVE juvenile project has a positive effect while the 2024 proposal to reduce the marital age limit for girls harms guarantees for juvenile justice. This research suggests a suspension of the 2024 proposal for marriageable age limit reduction with a contemporary Islamic view on protection for children. And a complete reliance on the Juvenile Welfare Law in handling juvenile’ cases. While at the same time enacting legislation or amending existing criminal laws to keep pace with technological advancements and novel and emerging issues.

Keywords: Juvenile, Guarantees, Shariah Perspective on Children, Legal System, Iraq.

The Right of Child Offenders to Fair Trial For Offences Punishable By Death Penalty

Sharifah Umairah Dato Asal, Rohaida Nordin, Nadhilah A. Kadir — Sun, 30 Nov 2025 00:00:00 +0000

Section 11(5) of the Child Act 2001 provides that the jurisdiction of the Court For Children is to try all types of offenses committed by children except for offenses punishable by the death penalty. Therefore, when a child commits an offense for which the punishment is the death penalty, the child should be tried in the High Court. This research was carried out to determine the legal definitions of children, accused, and child offenders. Following that, this research examines the rights of child offenders according to international human rights law and Malaysian law. The author will also examine the pertinent cases. The author collects data using the library research approach. This research focuses on several rights of child offenders, namely the right to bail, the right to be detained separately from adults, the right to a closed trial, and the right to a fair sentence. Trial at the High Court is conducted by a judge, whereas in the Court For Children, a judge will be aided by two advisers, one of the advisers shall be a woman. These differences may result in injustice to child offenders during trial in the High Court. Therefore, amendments to the Child Act 2001 should be made to preserve the rights of child offenders of offenses punishable by death.

Implementasi Akta Pengambilan Tanah 1966 dan Kesannya Terhadap Kedudukan Politik Masyarakat Melayu di Singapura, 1966-1990 [Implementation of the Land Acquisition Act 1966 and Its Impact on the Political Position of the Malay Community In Singapore, 1966-1990]

Muhammad Naim Fakhirin Rezani — Sun, 30 Nov 2025 00:00:00 +0000

Kepadatan penduduk Singapura semakin meruncing pada 1960-an, lebih-lebih lagi setelah berlakunya pembangunan ekonomi yang pesat. Keadaan ini secara tidak langsung memberi kesan terhadap penggunaan tanah di negara tersebut. Pada 1964, sebanyak 53.4 peratus tanah di Singapura telah digunakan untuk pelbagai sektor iaitu petempatan masyarakat, perindustrian dan perniagaan. Justeru itu, kerajaan Singapura mula merangka dasar supaya penggunaan tanah di negara tersebut dapat dikawal dan tidak disalahgunakan untuk tujuan yang lain. Berdasarkan kepada perkara tersebut, kerajaan Singapura melakukan semakan semula terhadap undang-undang yang membolehkan kawalan terhadap penggunaan tanah iaitu Ordinan Pengambilan Tanah yang berkuatkuasa di Singapura sejak 1920. Bahagian perundangan ini disemak semula dan dipinda kepada Akta Pengambilan Tanah 1966 (Land Acquisition Act 1966/LAA 1966) supaya dapat dikuatkuasakan secara menyeluruh di Singapura. Kajian ini mengunakan sumber primer yang diperoleh dari National Archive Singapore seperti laporan dan minit mesyuarat dari Election Department dan House Development Board (HDB)sebagai sumber utama. Bagi mendapatkan kesinambungan kajian, Hansard Parlimen turut digunakan untuk rujukan. Selain itu, dokumen dari National Archive UK seperti rekod dari Foreign Office dan Colonial Office turut dijadikan sebagai sumber untuk rujukan. Dapatan kajian ini merumuskan tindakan yang dilakukan oleh kerajaan melalui LAA 1966 ini berjaya meningkatkan jumlah keluasan rizab tanah milik kerajaan dan menyusun semula petempatan masyarakat melalui HDB. Selain itu, penguatkuasaan LAA 1966 ini secara tidak langsung memberi kesan terhadap kedudukan politik masyarakat Melayu di Singapura.